California Government Code
Section 8314
(obtained from California Legislature website on March 22,
2006)
8314. (a) It is unlawful for any
elected state or local officer,
including any state or local appointee, employee, or consultant,
to
use or permit others to use public resources for a campaign
activity,
or personal or other purposes which are not authorized by law.
(b) For purposes of this section:
(1) "Personal purpose" means those activities the
purpose of which
is for personal enjoyment, private gain or advantage, or an
outside
endeavor not related to state business. "Personal purpose"
does not
include the incidental and minimal use of public resources,
such as
equipment or office space, for personal purposes, including
an
occasional telephone call.
(2) "Campaign activity" means an activity constituting
a
contribution as defined in Section 82015 or an expenditure as
defined
in Section 82025. "Campaign activity" does not include
the
incidental and minimal use of public resources, such as equipment
or
office space, for campaign purposes, including the referral
of
unsolicited political mail, telephone calls, and visitors to
private
political entities.
(3) "Public resources" means any property or asset
owned by the
state or any local agency, including, but not limited to, land,
buildings, facilities, funds, equipment, supplies, telephones,
computers, vehicles, travel, and state-compensated time.
(4) "Use" means a use of public resources which is
substantial
enough to result in a gain or advantage to the user or a loss
to the
state or any local agency for which a monetary value may be
estimated.
(c) (1) Any person who intentionally or negligently violates
this
section is liable for a civil penalty not to exceed one thousand
dollars ($1,000) for each day on which a violation occurs, plus
three
times the value of the unlawful use of public resources. The
penalty shall be assessed and recovered in a civil action brought
in
the name of the people of the State of California by the Attorney
General or by any district attorney or any city attorney of
a city
having a population in excess of 750,000. If two or more persons
are
responsible for any violation, they shall be jointly and severally
liable for the penalty.
(2) If the action is brought by the Attorney General, the moneys
recovered shall be paid into the General Fund. If the action
is
brought by a district attorney, the moneys recovered shall be
paid to
the treasurer of the county in which the judgment was entered.
If
the action is brought by a city attorney, the moneys recovered
shall
be paid to the treasurer of that city.
(3) No civil action alleging a violation of this section may
be
commenced more than four years after the date the alleged violation
occurred.
(d) Nothing in this section shall prohibit the use of public
resources for providing information to the public about the
possible
effects of any bond issue or other ballot measure on state
activities, operations, or policies, provided that (1) the
informational activities are otherwise authorized by the constitution
or laws of this state, and (2) the information provided constitutes
a fair and impartial presentation of relevant facts to aid the
electorate in reaching an informed judgment regarding the bond
issue
or ballot measure.
(e) The incidental and minimal use of public resources by an
elected state or local officer, including any state or local
appointee, employee, or consultant, pursuant to this section
shall
not be subject to prosecution under Section 424 of the Penal
Code.